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HomeMy WebLinkAbout03-0598REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS E. MILLER, Plaintiff LOUISE A. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ()3- S'-~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the clahns set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request nmrriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELp. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS E. MILLER, : Plaintiff : : v. : NO. : LOUISE A. MILLER, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcin o anulamiento puede set emitado en su contra por la Corte. Una decisi6n puede tambi6n set emitida en su contra pot caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otrns derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS E. MILLER, Plaintiff LOUISE A. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O..~ -.5' c/'7 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Thomas E. Miller, an adult individual who currently resides at 112 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Louise A. Miller, an adult individual who currently resides at 112 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married onMay 19, 1979 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1) child of this marriage under the age of eighteen years, namely Emily C. Miller, date of birth May 8, 1985. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 12. reference. 13. marriage. 14. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by Plaintiff and Defendant have acquired property, both real and personal, during their The parties have acquired marital debt during their marriage. matter. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. By: Respectfully submitted, REAGER & ADLER, PC Ay oI~e~-~--~mey i. D. No. 6t~ ~squire 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Thomas E. Miller, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Thomas E. Miller THOMAS E. MILLER, Plaintiff LOUISE A. MILLER, ' Defendant ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-598 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire of REAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Louise A. Miller, by Certified Mail, Restricted Delivery on the 14th day of February, 2003 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, fa'st class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Louise A. Miller 112 Mountain View Drive Enola, PA 17025 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 66378 · Complete items 1, 2, and 3. Also complete ~ ~ if Restricted Delivery is desired. ~nm¥our name and address on the reverse ao that we can return the card to you. · Altach this card to the back of the mailpiece, or on the front if space permits. 1..Nticle Addressed to:  Agent D. Is delivery address different ftom item l? I-lyes E.~, _enter delivery address below: [] No ESTRICTED DELIVERY 3. Service Type ~Certified Mail [] Express Mail [] Registered [~ Return Receipt for I-I Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) 2. A~ttcle Number (Copy from service label) I~ Fo~n 3811, ,July ~eOO 7002 2030 0000 2095 1087 102595,,.00-M,.(~2 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. MILLER, : Plaintiff : : V. : : LOUISE A. MILLER, : Defendant : NO. 03-598 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, Louise A. Miller, in the above captioned matter. Respectfully submitted, PHONE: (717) 737-0100 Fax: (717) 975-0697 Voice Mail: (717) 558-5518 I.D. No. 32112 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. MILLER, : Plaintiff : LOUISE A. MILLER, Defendant NO. 03-598 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT_ A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 10, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dated: UI~SE~.MILLER 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. MILLER, Plaintiff V. LOUISE A. MILLER, Defendant NO. 03-598 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. LOUISE A. MILLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN2qSYLVANIA THOMAS E. MILLER, Plaintiff V. LOUISE A. MILLER, Defendant NO. 03-598 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 10, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days elapsed from the date of filing and service of the Coraplaint. I consent to the entry of a final Decree in Divorce after service of notice of intention request entry of the decree. I verify that the statements made in this Affidavit are true and con'ect. I understand t] false statements herein are made subject to the penalties of ! 8 Pa.C.S. Section 4904 relating t, unsworn falsification to authorities. Dated: [0 -- } -7- O-~ THOMAS E. MILLER tve IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. MILLER, Plaintiff LOUISE A. MILLER, Defendant ; : NO. 03-598 CIVIL TERM CIVIL ACTION ~ LAW IN DIVORCE _WAIVER OF NOTICE OF INTENTION TO REQUES i ~ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TIlE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's or expenses ifI do not claim them before a divorce is: granted. I understand that I will not be divorced until a divorce decree is entered by the Court that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are tree and correct. I understand thai false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsw falsification to authorities. Dated: lO - / 7- e~"~ TH ~}'~ MAS E'7~ILLER - - ~es ~d THOMAS E. MILLEl~ LOUISE A. MILLER. TO THE PROTHONI Please withdras Date: I~/ ~ . ~/ £~' ~laintiff, )efendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2003-598 : CIVIL ACTION -- LAW : IN DIVORCE YARY: Counts I of Plaintiff's Complaint. Respectfully submitted, ire I.D. ~23103; 2233 North Front Street Harrisburg, PA 17110 (717) 234-?'051 Attorneys for Plaintiff THOMAS E. MILLEr LOUISE A. MILLER TO THE PROTHON TRANSMIT the Divorce Dccrcc: 1. Groond for di Code. (Strike out inappli 2. Date and ma~ delivery, return ro~ip~ re 3. (Compl~ ¢it (a) (b) 4. Related clain 5. (Complete eth (a) Co) (c) ,laint~ )efendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2003-598 CIVIL ACTION .- LAW 1N DIVORCE PRAECIPE TO TRANSMIT TItE RECORI~ TARY: record, together with the following information, to the Court for ~try of a vorce: irretrievable breakdown under Section 330 l(c), 330)~d) of the Divorce :able section.) ser of service of the Complaint: February 20, 2003, by certified mail, restricted tuest~. paragraph (a) or (la): )ate of execution of the Affidavit of Consent required by Section 3301 (c) of the )ivorce Code: By Plaintiff: 10/17/03 By Defendant: 10/08/03 1) Date of Execution of the Plaintiff's Affidavit reqmred Section 3301 (d) of the Divorce Code: 2) Date of service of the Plaintiff's Affidavit unto the Dcfendam: ; pe~ling' None .n' (a) or (la).) }ate ami manner of service of the NoOce of Intention to File Praecipe to Transmit ~e Record, and attach a copy of said Notice umdcr Section 3301(d) (1Xi) of the }ivorce Code: ~te Plaintiff's Wavier of Notice was filed with the Prothonotary: 10/21/03 )ate Defendant' s Wai~~onotary: 10/09/03 //0. -/Al..~_~l~ate~for Plaintiff' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Of ~ NO. PEN NA. 2003-598 VER ~US LOUISE A. DECREE IN DIVORCE AND NOW DECREED THAT AND THOMAS E. MILLER LOUISE A. MIIJ.ER __, IT IS ORDERED AND PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT R--TAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION For WHICH A FINAL ORDER Has NOT YET BEEN ENTEF!ED; NONe by THE COUrt: / PROTHONOTARY